Common use of Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice Clause in Contracts

Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Company shall give prompt written notice to the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities pursuant to the provisions of this Article X. Regardless of anything to the contrary contained in this Article X or elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any Senior Debt Payment Default or Senior Debt Other Default or of any other facts which would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received notice in writing from the Company, or from a holder of Senior Indebtedness or a Representative thereof, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such Representative, and, prior to the receipt of any such written notice, the Trustee shall be entitled to assume (in the absence of actual knowledge to the contrary), subject to the provisions of Section 7.01 and 7.02 that no such facts exist.

Appears in 3 contracts

Samples: Indenture (Ibf Vi Guaranteed Income Fund), Indenture (Ibf Vi Guaranteed Income Fund), Indenture (Headway Corporate Resources Inc)

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Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Company shall give prompt written notice to the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities Notes pursuant to the provisions of this Article X. Twelve. Regardless of anything to the contrary contained in this Article X Twelve or elsewhere in this Indenture, the . The Trustee shall not be charged with knowledge of the existence of any default or event of default with respect to any Guarantor Senior Debt Payment Default or Senior Debt Other Default or of any other facts which would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received notice in writing from the CompanyCompany or the Guarantor, or from a holder of Guarantor Senior Indebtedness Debt or a Representative thereoftherefor, together with proof satisfactory to the Trustee of such holding of Guarantor Senior Indebtedness Debt or of the authority of such Representative, and, prior to the receipt of any such written notice, the Trustee shall be entitled to assume (in the absence of actual knowledge to the contrary), subject to the provisions of Section 7.01 and 7.02 ) that no such facts exist.

Appears in 1 contract

Samples: Indenture (Kinetic Concepts Inc /Tx/)

Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Company shall give prompt written notice to the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities Notes pursuant to the provisions of this Article X. Thirteen. Regardless of anything to the contrary contained in this Article X Thirteen or elsewhere in this Indenture, the . The Trustee shall not be charged with knowledge of the existence of any default or event of default with respect to any Senior Debt Payment Default or Senior Debt Other Default incurred by a Guarantor or of any other facts which would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received notice in writing from the CompanyCompany or the Guarantor, or from a holder of such Senior Indebtedness Debt or a Representative thereoftherefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness Debt or of the authority of such Representative, and, prior to the receipt of any such written notice, the Trustee shall be entitled to assume (in the absence of actual knowledge to the contrary), subject to the provisions of Section 7.01 and 7.02 ) that no such facts exist.

Appears in 1 contract

Samples: Indenture (Philipp Brothers Chemicals Inc)

Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Company LNR shall give prompt written notice to the Trustee of any fact known to the Company LNR which would prohibit the making of any payment to or by the Trustee in respect of the Securities Notes pursuant to the provisions of this Article X. Regardless of anything to the contrary contained in this Article X or elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any default or event of default with respect to any Senior Debt Payment Default or Senior Debt Other Default Indebtedness or of any other facts which would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received notice in writing from the CompanyLNR, or from a holder of Senior Indebtedness or a Representative thereoftherefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such Representative, and, prior to the receipt of any such written notice, the Trustee shall be entitled to assume (in the absence of actual knowledge to the contrary), subject to the provisions of Section 7.01 and 7.02 ) that no such facts exist.

Appears in 1 contract

Samples: Indenture (LNR Property Corp)

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Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Company shall give prompt written notice to the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities Notes pursuant to the provisions of this Article X. Ten. Regardless of anything to the contrary contained in this Article X Ten or elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any default or event of default with respect to any Senior Debt Payment Default or Senior Debt Other Default or of any other facts which would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received notice in writing from the Company, or from a holder of Senior Indebtedness Debt or a Representative thereoftherefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness Debt or of the authority of such Representative, and, prior to the receipt of any such written notice, the Trustee shall be entitled to assume (in the absence of actual knowledge to the contrary), subject to the provisions of Section 7.01 and 7.02 ) that no such facts exist.

Appears in 1 contract

Samples: Indenture (Kinetic Concepts Inc /Tx/)

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